WASHINGTON, D.C. — Federal prosecutors have moved to dismiss misdemeanor charges against an Army veteran who burned an American flag near the White House during a protest of a presidential executive order targeting flag-burning incidents.
The U.S. Department of Justice filed a motion Friday to drop the case against Jan “Jay” Carey, who had been arrested in August 2025 after setting a U.S. flag on fire in Lafayette Park while using a bullhorn to criticize President Donald Trump’s directive instructing prosecutors to investigate flag-burning cases.
Carey faced two misdemeanor charges related to lighting a fire outside designated areas and causing damage to park property. Authorities said he used rubbing alcohol to ignite the flag before federal officers extinguished the flames and arrested him.
Carey pleaded not guilty and argued the prosecution violated First Amendment protections. His attorney, Mara Verheyden-Hilliard, said the dismissal was “a critical vindication” of free speech rights and warned that the case raised concerns about prosecuting protest activity tied to political expression.
The incident followed Trump’s August 2025 executive order directing the DOJ to pursue investigations involving flag burning when other laws could apply. The order attempted to work around a 1989 U.S. Supreme Court ruling that held flag burning constitutes protected symbolic speech under the First Amendment.
U.S. District Judge James Boasberg previously allowed attorneys to explore whether the prosecution was retaliatory. Prosecutors filed their motion to dismiss before a court deadline requiring them to respond to those claims.
Sources
• CBS News – MBFC Rating
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